An olographic will is one entirely written, dated, and signed in the testator’s handwriting.1 The date may appear anywhere in the testament.2 The testator’s name must be signed at the end of the testament.3 The date is sufficiently indicated if the day, month, and year are reasonably ascertainable from information in the testament, as clarified by extrinsic evidence, if necessary.4 Additions and deletions on the testament may be given effect only if made by the hand of the testator.5 If anything is written by the testator after the signature, the testament is not made invalid, and a court may consider such writing as part of the testament.6 Olographic testaments have no other formal requirements.7
Over the years, the courts have lessened the formalities of olographic wills, e.g., accepting slash dates instead of writing out the date.8 An olographic will may be written in part pencil and ink.9 The entire olographic will does not have to be written on the same date.10 But, the basic formal requisites have remained in place, i.e., a valid olographic testament must be entirely written, dated, and signed in the testator’s handwriting.11
- 1La. C.C. art. 1575(A).
- 2Id.
- 3Id.
- 4Id.
- 5La. C.C. art. 1575(B).
- 6La. C.C. art. 1575(A).
- 7Id.
- 8Succession of Boyd, 306 So. 2d 687 (La. 1975).
- 9Succession of Smart, 36 So. 2d 639 (La. 1948).
- 10Oroszy v. Burkard, 158 So. 2d 405 (La. App. 3 Cir. 1963).
- 11Succession of Angele, 546 So. 2d 262 (La. App. 1 Cir. 1989) (holding that a will typewritten and signed by the testator was not valid and rejecting the argument that the term “written” was broad enough to include “typewritten” wills).